9A, City - County Joint Powers Agreement for TCAAP

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9. Government's Cooperation. The Government will cooperate with and provide administrative assistance to the County to allow the County to complete all response actions and other activities contemplated by this Lease and the Offer to Purchase, including but not limited to signing waste profile sheets,manifests,owner and other permit or license requests, and any other documents required of an owner or generator of hazardous substances to be shipped from the Leased Property. Both the Government and the County recognize that the County and any of its contractors or agents are performing the function of being the Government's response action contractor, as is set forth in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sec 9619(a), and for purposes of the response actions undertaken by the County on behalf of the Government on the Leased Property, pursuant to Section 3(a) of this lease and the contractual terms in Section 26 of the Offer to Purchase. The Parties, however, also recognize that the Government is not holding harmless or indemnifying the County pursuant to 42 U.S.C. Sec. 9619(c). 10.Fire and Other Casualty. If the Leased Property shall be damaged or destroyed by fire or other unavoidable casualty, the Government and the Army shall not be responsible for any repair and/or restoration related to the same. 1 1.Compliance with Laws. The County shall, at its sole cost and expense, throughout the Term: (a) obtain and maintain as necessary all permits, licenses and approvals required by any governmental authority with jurisdiction thereof for the use by the County, its employees, agents, invitees or licensees of the Leased Property for uses permitted by this Lease; and (b) comply with all applicable laws, rules regulations and by-laws of governmental authorities, and with the terms and conditions of all permits, licenses and approvals issued to the County in connection with the use by the County and its employees, agents and contractors of the Leased Property for the uses permitted by this Lease. 12.Defaults and Remedies. In the event either party fails to observe or perform any of its obligations under this Lease or otherwise breach the Lease, after having been provided written notice and failing to cure the default within sixty (60) days, the other Party will be entitled to exercise any and all remedies for breach which are provided in the Lease, as well as any other remedies to which the Party is entitled at law or equity. 13. Representations and Warranties of the County. (a) The County has all of the requisite power and authority to deliver this Lease and the releases and indemnification's contemplated herein. 27 1766320